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Parker City Zoning Code

CHAPTER 10

OVERLAY ZONING DISTRICTS

10-10A-1: PURPOSE:

The purpose of the planned area development (PAD) overlay district is to provide both the town and the development community greater flexibility when developing a project by establishing the associated development standards appropriate to the specific PAD. The intent is to encourage innovative design and to allow for a creative land use mix that will promote a high quality development reflective of the unique character and setting of the town of Parker. (Ord. 03-2005, 9-6-2005)

10-10A-2: PERMITTED USES:

   A.   The PAD overlay zoning district is to be used in conjunction with the underlying zoning district, thereby permitting the same land uses as the underlying base zoning district except those that may be excluded by the town council. (Ord. 03-2005, 9-6-2005)

10-10A-3: GENERAL PROVISIONS:

   A.   The minimum land area for a PAD overlay shall be forty (40) acres and shall be under one common ownership.
   B.   Any PAD overlay zoning district shall provide a minimum of twenty percent (20%) of the net acreage as open space regardless of the type of residential development or density. Not more than fifty percent (50%) of the required open space shall be attributed to golf course use or ancillary golf uses. "Net acres" shall be defined as the total acres exclusive of the area required for arterial or collector street right of way dedications, commercial or industrial land, and school/public site reservations.
   C.   The PAD may allow for variations to the underlying zoning district development standards, only in the following areas: 1) minimum lot area; 2) minimum setbacks; and 3) maximum lot coverage. The specific development standards for the PAD are to be suggested by the developer with the final determination approved by the town council. Unless otherwise approved, the development standards for the underlying zoning district shall apply.
   D.   The PAD overlay zoning district shall not be used to alter the underlying zoning district development standards for maximum building height, nor to exceed the residential target densities, identified in the general plan, unless the developer provides creative site design, design innovation, diversity of lot sizes and product styles, additional open space and community amenities, which are in excess of the normal requirements of this title.
   E.   Each PAD development shall provide, at a minimum, two (2) distinct variations to the residential densities and, depending on the size of the development, more variation in density may be required. For every lot under six thousand (6,000) square feet in size, one lot of eight thousand (8,000) square feet or larger shall be provided. Also, each residential PAD development shall provide at least two (2) distinct "product styles" (product styles do not equate to changes in elevations or floor plans).
   F.   Compliance with this title "design standard requirements" for the zoning districts and the subdivision design standards shall be required regardless of the specific development standards approved for the PAD.
   G.   Requests for a PAD overlay zoning district shall follow the general procedures and those specified for rezoning as outlined in chapter 3 of this title.
   H.   Any modifications to an approved PAD development plan shall be reviewed and processed in accordance with those procedures outlined for rezoning in chapter 3 of this title.
   I.   An application for a PAD overlay zoning district shall not be considered as a protected development right plan nor shall the applicant request that a PAD be accepted as a protected development right plan.
   J.   Compliance with all other provisions of this title, such as, but not limited to, the general provisions, parking regulations, outdoor lighting, shall be required. Compliance with the regulations of this title in no way excuses a property owner or a developer from the requirements of the subdivision ordinance, if applicable. (Ord. 03-2005, 9-6-2005)

10-10A-4: SUBMITTAL REQUIREMENTS:

   A.   Preliminary Development Plans: A preliminary development plan, in addition to submitting the material outlined in section 10-3-3 of this title, shall submit, at a minimum, the following materials for review:
      1.   The conceptual design guidelines, prepared by a designer or team of designers having professional competence in urban planning, shall be submitted for the entire project and shall include a narrative and graphical description of the development character, site planning, architecture, integration of the development into its surroundings, and the landscaping that can be expected from the development.
      2.   A preliminary landscape plan, prepared by a registered Arizona landscape architect, for all on site and off site, open space, trails, and retention area landscaping. This preliminary plan should also include information on landscaping in compliance with chapter 12 of this title; the proposed plant palette; the type and locations of paths and trails within and adjacent to the development; the location and elevation of any proposed fencing and walls; the location of any proposed street furniture or public art.
      3.   A preliminary sign package, including the location, size, illumination, number, design and type of the project signage.
      4.   A preliminary drainage report that at a minimum indicates or delineates the boundaries of on site and off site drainage areas; the proposed drainage patterns of the development and the preexisting patterns; runoff factor and runoff data; retention volume and location of drainage easements. The town engineer may request other data necessary to review the proposed development.
      5.   A preliminary traffic study, prepared by a registered professional traffic engineer or civil engineer, that at a minimum addresses on site and off site traffic flows, project impacts and mitigation measures, anticipated trip generations, and level of service. The town engineer may request other data necessary to review the proposed development.
      6.   A phasing plan/schedule. If the project is to be developed in phases each phase shall contain a mix of residential densities, product designs and be self-sufficient, meeting the requirements, standards and conditions applicable to the project as a whole. Additionally, each phase of the project shall be self-sufficient in regard to facilities, utilities, and services.
   B.   Final Development Plans: A final development plan may be submitted in lieu of a preliminary development plan, provided that the necessary detailed plans are submitted. In addition to submitting the material outlined in section 10-3-3 of this title, a final development plan submittal shall include, at a minimum, but not be limited to, the following materials for review:
      1.   All of the plans and reports required for a preliminary development plan review as outlined in subsection A of this section.
      2.   The specific design guidelines, prepared by a designer or team of designers having professional competence in urban planning, shall be submitted in addition to specific site plans and building elevations. The project's design guidelines should further address the overall architectural theme, architectural diversity, relationship of buildings to each other and the land, wall and screening treatments, open space (both undisturbed and usable open space), and the project's management mechanisms and development CC&Rs.
      3.   A final landscape plan, prepared by a registered Arizona landscape architect, shall include, but not be limited to, a detailed list of plant species, plant sizes, and specific quantities. The landscape plan shall depict specific plant locations, the type and location of all walls and fencing, proposed location and material types for paths and trails, identify the line of sight requirements, and any other information deemed necessary by the town to adequately review the final landscape plan.
      4.   A comprehensive sign package that includes information regarding the color(s), material(s), size, location, type of sign (e.g., attached, freestanding, kiosk, window, shingle, etc.), letter samples for all of the types of proposed signage and any other information deemed necessary by the town to adequately review the comprehensive sign package.
      5.   A final drainage report that is a complete report and not an addendum to the preliminary drainage report.
      6.   Provide a certificate of assured 100-year water supply issued by the Arizona department of water resources.
      7.   A copy of an approved permit required pursuant to section 404 of the federal clean water act, if one is required for the development location.
      8.   If determined by the zoning administrator to be necessary, a copy of the economic and feasibility study for the proposed PAD development shall be submitted to and reviewed by the town.
      9.   If determined by the zoning administrator to be necessary, a "visual analysis" that illustrates the anticipated visual effects of the proposed development, identifies and addresses scenic viewsheds and view corridors that should be protected, and illustrates the mass and form of the proposed development, shall be submitted to and approved by the town.
   C.   The applicant submitting for a PAD rezoning has the choice of submitting for a preliminary development plan or a final development plan depending upon the level of detail they are prepared to submit to the town. The applicant must declare which development plan review process they intend to submit at the time of application.
   D.   Approval of the preliminary development plan is valid for a period of one year from the date of town council approval. Application for the final development plan must be submitted to the town, along with the application fee and all required material listed above, within one year from the date of preliminary development plan approval, or the town may revoke the preliminary development plan. Revocation shall be processed in accordance with the procedures established for rezoning as outlined in chapter 3 of this title. (Ord. 03-2005, 9-6-2005)

10-10B-1: PURPOSE:

The purpose of the manufactured home (MH) overlay district is to provide for an overlay zone that will permit the placement and regulate the permanent installation of manufactured homes for occupancy as single residential dwellings on individual lots or within an approved land lease development. The intent of these provisions is to provide affordable and diversified housing opportunities within the town of Parker while establishing and maintaining standards. (Ord. 03-2005, 9-6-2005)

10-10B-2: PERMITTED USES:

   A.   The MH overlay zoning district may only be applied to the medium density residential zoning districts of R1-10 and R1-7. Permitted uses in an MH manufactured home overlay zoning district shall be only the following uses:
      1.   Permitted uses by right within the underlying medium density residential zoning districts (R1-10 and R1-7).
      2.   Approved manufactured homes.
      3.   Approved manufactured land lease (park) developments. (Ord. 03-2005, 9-6-2005)

10-10B-3: GENERAL PROVISIONS:

   A.   A minimum of ten (10) acres shall be required to establish the manufactured home overlay zoning district for a manufactured home subdivision with individual lot sales.
   B.   A minimum of fifteen (15) acres shall be required to establish the manufactured home overlay zoning district for a land lease (park) development.
   C.   A variety of densities are possible depending upon the residential base zone to which the overlay zone is applied.
   D.   The manufactured home overlay zoning district is an overlay zone and may be combined only with the underlying medium density residential zoning districts (R1-10 and R1-7). The provisions of the underlying zoning district shall govern the density, area, building and yard regulations. Compliance with all other provisions of this title shall likewise be required.
   E.   Manufactured homes shall meet the most current HUD code standards, all regulations of the office of manufactured housing, as well as compliance with all the provisions outlined in subsection 10-10B-6 of this article.
   F.   The manufactured home shall not be more than three (3) years old prior to the date of application for building/installation permit.
   G.   Compliance with all other provisions of this title, such as, but not limited to, the general provisions, parking regulations, signage, outdoor lighting, shall be required. (Ord. 03-2005, 9-6-2005)

10-10B-4: SUBMITTAL REQUIREMENTS:

   A.   A property owner seeking to develop a manufactured home subdivision or a land lease (park) development shall submit those materials outlined in the subdivision ordinance or subsection 10-3-3E of this title; whichever is applicable.
   B.   The property owner seeking to place a manufactured home on an individual lot or in a space within a manufactured home land lease (park) development shall be required to obtain a building permit prior to the installation of the manufactured home. Prior to submitting the building permit application to the building department the owner shall submit the following materials to the zoning administrator for review and approval:
      1.   Site plan.
      2.   Elevations or color photographs of all sides of the structure.
      3.   Roof slope (expressed in a ratio horizontal to vertical feet) and roofing material description.
      4.   Description of any proposed additions or alterations including photographs where possible.
      5.   Description of the exterior finish including materials and colors. (Ord. 03-2005, 9-6-2005)

10-10B-5: REVIEW CRITERIA:

   A.   In order for a manufactured home to be placed on an individual lot where the manufactured home overlay zone has been approved or within an approved manufactured home land lease (park) development the manufactured home shall be reviewed for compliance with the following criteria:
      1.   The residence should be situated on the lot in a compatible manner with surrounding residences through location of windows, doors, front porches, other architectural features, or landscaping.
      2.   The structure is in compliance with all of the design standards outlined in subsection 10-10B-6A of this article.
      3.   The structure shall meet the most current HUD code standards, is certified under the national manufactured housing construction and safety standards act of 1974 and the laws of the state of Arizona and is in good physical condition structurally and cosmetically.
      4.   The structure was constructed not more than three (3) years prior to date of application for building/installation permit.
   B.   If the manufactured home is to be placed on a space within a land lease (park) development it shall be in compliance with the specific design standards approved by the town council for that development.
   C.   If the zoning administrator determines that any one of the four (4) criteria stated in subsection A of this section has not been met, the application will be referred to the board of adjustment for final review with written notice of why the application failed to meet the required criteria.
   D.   The board of adjustment shall consider the manufactured home application and the zoning administrator's report. If satisfied that all of the criteria have been met, the board may approve the application. If the board finds that any one of the stated criteria has not been met, the board may deny the application. (Ord. 03-2005, 9-6-2005)

10-10B-6: DESIGN STANDARDS:

   A.   Manufactured Homes: The manufactured homes within an overlay zone, whether an individual lot (subdivision) or a land lease (park) development, shall be designed and situated to assure similarity in exterior appearance and in keeping with the architectural character of the neighboring site built dwellings and the character of the surrounding neighborhood in general. More specifically the following provisions shall apply:
      1.   Minimum Width: The minimum width of the main portion of the structure shall be twenty four feet (24') (doublewide), exclusive of any garage or carport area, as measured across the narrowest portion.
      2.   Grading: Unless the topography of a particular lot precludes it, the manufactured home shall be installed no higher from grade than eighteen inches (18") (from ground to frame) on the highest side, and not less than twelve inches (12") on the low side. The building official is authorized to approve minor deviations from the height requirement after inspection of the property to determine such deviation is necessary because of lot conformity.
      3.   Foundations: The manufactured home shall be ground set and placed on an excavated foundation with permanent foundation wall so that the home appears to have a foundation wall similar in appearance and kind to conventional site built homes.
      4.   Exterior Siding: Exterior siding shall be made of nonreflective and nonmetallic materials. Acceptable siding materials include vinyl, wood, stucco, brick, stone, or other masonry materials or any combination of these materials. The use of T1-11 siding (rough sawn plywood siding with vertical grooves at 4 inches or 8 inches OC) or similar material shall be prohibited.
      5.   Roof Structure And Materials: All roof structures shall be sloped and provide an eave projection of no less than six inches (6") and no greater than thirty inches (30"). Unfinished galvanized steel, unfinished aluminum, wood shake shingles, or fiberglass/asphalt shingles less than three hundred twenty five (325) pounds per one hundred (100) square feet shall not be permitted.
      6.   Mechanical Equipment: All manufactured home running gear, tongues, axles, and wheels must be removed at the time of installation. Mechanical equipment such as electrical meter, coolers and air conditioning units, service components, and similar devices, whether ground level or wall mounted, shall be screened and designed to appear as an integral part of the building. Vegetative material may be used as a screening device if the plant material used is of a variety and size to sufficiently screen the equipment.
      7.   Garage Or Carports: The manufactured home shall have at a minimum a single car garage or carport, the design and materials of which shall be compatible with the main structure.
      8.   Accessory Structures: If a front porch, deck or veranda is provided, it shall be covered or under roof. Uncovered porches, decks, or verandas are permitted on the side and rear of the home, provided they meet the setback requirements of this title.
      9.   Steps: If the dwelling unit has steps leading to the front entry, the steps shall be attached to a permanent foundation and designed and constructed to be an integral part of the exterior of the dwelling unit.
      10.   Anchor Ties: The structure shall be anchored to the ground, in accordance with approved manufactured home installation standards for high wind areas.
      11.   Additions: All additions and alterations shall be in compliance with the uniform building code (UBC) as adopted by the town or in compliance with the most current HUD code standards and the housing manufacturer's specifications.
   B.   Subdivision Design:
      1.   Subdivision design shall be processed in accordance with the Parker subdivision ordinance.
      2.   Subdivision design shall be in compliance with the design standards of the Parker subdivision ordinance.
      3.   All units subsequently placed on the individual lots shall comply with all the provisions outlined in subsection A of this section, as well as those of the underlying zoning district.
   C.   Land Lease (Park) Design: The manufactured home land lease (park) development shall comply with the following design elements in addition to the requirements imposed by the underlying zoning district:
      1.   Space Size: Each manufactured home space shall comply with the area requirements of the underlying zoning district.
      2.   Setbacks: Each manufactured home space shall comply with the setback requirements of the underlying zoning district.
      3.   Open Space: Each manufactured home land lease (park) development shall provide at least ten percent (10%) of the net area for open space. Such open space areas may include active recreational areas such as community buildings, swimming pools, play areas or passive park space. Recreation or community buildings shall be of conventional construction.
      4.   Prohibitions: A recreational vehicle may not be used as a residential dwelling. The storage of abandoned and/or damaged manufactured homes shall not be permitted.
      5.   Compliance: All units subsequently placed on the individual spaces shall comply with all the provisions outlined in subsection A of this section, except that a singlewide unit of sixteen feet (16') may be permitted, as well as those of the underlying zoning district.
      6.   Utilities And Streets:
         a.   Location: All utilities within a manufactured home land lease development shall be located underground.
         b.   Water: Connection to the water system serving the town of Parker and installation of fire hydrants meeting the standards of the town of Parker are required.
         c.   Sewer: Connection to the public sewer system serving the town of Parker is required.
         d.   Spaces: Each space shall be equipped with electricity, potable water, and wastewater disposal facilities.
         e.   Streets: Each development shall be improved with paved private streets built to the specifications of the town of Parker.
         f.   Sidewalks: Each development shall be improved with sidewalks built to the specifications of the town of Parker.
         g.   Access: No manufactured home space shall have direct vehicular access to a public street or private street outside of the development.
      7.   Site Design:
         a.   A solid decorative masonry wall, six feet (6') in height shall be required on the perimeter of the park.
         b.   Trash and refuse collection locations shall be screened with a six foot (6') decorative masonry wall. Trash and refuse areas shall be located such that they conveniently serve the residents of the park and cannot be viewed from a public street.
         c.   Landscaping, of the adjacent public rights of way, shall be required as part of any development and shall consist of drought tolerant indigenous plant materials. A minimum of one tree and three (3) shrubs and/or organic ground cover shall be required every thirty (30) linear feet of street frontage.
   D.   Deviations: The zoning administrator may approve deviations from one or more of the developmental or architectural standards provided herein on the basis of finding that the materials to be utilized or the architectural style proposed for the dwelling would be compatible and harmonious with existing structures in the vicinity. (Ord. 03-2005, 9-6-2005)

10-10B-7: USES SUBJECT TO CONDITIONAL USE PERMIT:

   A.   Manufactured Homes On Parcels Or Individual Lots: Pursuant to the requirements of section 10-3-4 of this title, a property owner may apply for a conditional use permit to place a manufactured home on a parcel or individual lot which does not meet the minimum width requirements for the individual manufactured home as stated in this article. The remaining development standards, as outlined in subsection 10-10B-6A of this article, may not be varied or deleted by the granting of a conditional use permit. The criteria for granting a conditional use permit shall be based upon the following:
      1.   There currently exists a manufactured home or mobile home on the property which does not meet the twenty four foot (24') width requirement (is not multisectional).
      2.   The configuration of the lot or parcel involved would preclude the placement of a twenty four foot (24') manufactured home on said lot or parcel. However, this does not permit the placement of a manufactured home on a lot that does not meet the minimum area requirements for the zoning district in which it is located.
      3.   The upgrade would be beneficial to the residents of the town of Parker after considering all relevant factors including, but not limited to, aesthetics, safety, and health.
      4.   Provisions of this article, other than the width of the structure, will be complied with by the applicant.
   B.   Deviations: The planning commission and town council may approve deviations from one or more of the design standards provided herein (i.e., roof slope, foundation, mechanical equipment screening) on the basis of finding that the materials to be utilized or the architectural style proposed for the dwelling will be compatible and harmonious with existing structures in the vicinity. (Ord. 03-2005, 9-6-2005)

10-10B-8: EXCEPTION:

This overlay district shall not prohibit the continued occupancy of a noncertified mobile home or manufactured home, located and occupied as a private residence, within the town at the time of adoption hereof, that is: a) not located within an approved MH overlay zone; and/or, b) is not in compliance with the design standards of this chapter. Existing mobile homes or manufactured homes that are not in compliance with the design standards of this chapter at the time of its adoption shall be brought into compliance as additions or alterations to the structures are requested as may be required by the provisions of this title on nonconforming structures. The existing mobile home or manufactured home may be replaced in its entirety only with a manufactured home that is in compliance with all of the design standards outlined in subsection 10-10B-6A of this article and all other provisions of this title. (Ord. 03-2005, 9-6-2005)

10-10C-1: PURPOSE:

The purpose of the community core (CC) overlay district is to allow a diverse mixed use area for specialty retail, neighborhood residential, and tourist trade in the historic town center area. The intent of this overlay district is to maintain and enhance the character of the few remaining historic buildings within the downtown area while promoting a pedestrian oriented specialty retail district by encouraging the improvement of the pedestrian environment, delineating the appropriate land uses within the district, and ensuring new buildings are designed to be compatible with the historic fabric of the area and in a human scale. It is intended that this district have specific design standards imposed. (Ord. 03-2005, 9-6-2005)